Loading...
HomeMy WebLinkAboutResolution_25-98/99_04/08/1999 RESOLUTION NO. 25 -98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING • THE BID AWARD FOR THE BIOLOGICAL MONITORING PROGRAM (JUPITER INLET) TO TOXIKON OF JUPITER, FLORIDA, IN THE AMOUNT OF $47,877, WITH FUNDS BEING APPROPRIATED FROM THE WATER REVENUE BONDS, SERIES 1998, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Contract for the Biological Monitoring Program (Jupiter Inlet) with Toxikon of Jupiter, Florida, in the Amount of $47,877, Attached Hereto as Exhibit " A " and Incorporated by Reference as Part of this Resolution is Hereby Approved and the Village Manager is Authorized to Execute the Applicable Contract on Behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer , who moved its adoption. The motion was seconded by Councilmember Capretta and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Basil E. Dalack Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and " adopted this 8th day of April, A.D., 1999. I I� MAYOR OF TEQUESTA d r � z ATTEST: ` . Joann Mangani llo Village Clerk \Resolution Biological Monitoring Program iI ENRIBIT "Al? AGREEMENT THIS AGREEMENT, made this /� day of , 1999, between VILLAGE OF TEQUESTA, a Political Subdivision of the State of Florida, hereinafter called the "VILLAGE" and TOXIKON CORPORATION hereinafter called "CONTRACTOR ". VILLAGE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: BIOLOGICAL MONITORING PROGRAM The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: BIOLOGICAL MONITORING PROGRAM Article 2. ENGINEER. The Project has been designed by: Reese, Macon and Associates, Inc. • 6415 Lake Worth Road, Suite 307 Lake Worth, FL 33463 who is hereinafter called ENGINEER and who is to act as VILLAGE's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1.a. The - entire project (Annual Contract) will be for a period of twenty -four (24) months from the date when the contract time commences to run as provided in paragraph 2.3 of the General Conditions. The Owner reserves the right to cancel the contract at any time during the annual contract with thirty (30) days written notice to the Contractor. 3.1.b. The work will be substantially completed commensurate with the FDEP guidelines for the monthly and quarterly analyses from the date when a Notice to Proceed is issued as provided in paragraph 2.3 of the General Conditions. Final payment guidelines as set forth in paragraph 14.13 of the General Conditions is not applicable to this project. • -1- 99- 106bio 3.2. Liquidated Damages. VILLAGE and CONTRACTOR recognize • that time is of the essence of this Agreement and that VILLAGE will suffer financial loss or penalties from the State if the Work is not completed within the times specified in paragraph 3.1.b above, plus any extensions thereof allowed in accordance with Article 12 of the General ` Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by VILLAGE if the Work is not completed on time. Accordingly, instead of requiring such proof, VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay VILLAGE One Hundred Fifty dollars ($150.00) for each day that expires after the time specified in paragraph 3.1.b for Substantial Completion until the Work is substantially complete. Article 4. CONTRACT PRICE. 4.1. VILLAGE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as outlined within the Bid Proposal for the work performed on a monthly basis. Article 5. PAYMENT PROCEDURES. • CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. VILLAGE shall make progress payments on account of `the Contract Price for monthly work performed on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, within 30 days of receipt of an invoice during the project duration as provided below. All progress payments will be on the basis of the progress of the Work measured by the work performed for that month. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or VILLAGE may withhold, in accordance with paragraph 14.7 of the General Conditions. 100% of work completed for that month. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by . documentation satisfactory to VILLAGE as provided in paragraph 14.2 of the General Conditions). -2- 99- 106bio Article 6. INTEREST (NOT APPLICABLE) Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce VILLAGE to enter into.this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data ". 7.2. CONTRACTOR has visited the site and has become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground • Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that-such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that VILLAGE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does • not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at -3- 99- 106bio the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the • Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by VILLAGE and others at the site that relates to the Work as indicted in the Contract Documents. 7.6. CONTRACTOR has correlated the information know to CONTRACTOR, information and observations from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between VILLAGE and CONTRACTOR concerning the Work consist of the • following: 8.1. This Agreement (pages 1 to 6, inclusive). 8.2. Exhibits to this Agreement consisting of 3 Exhibits. 8.3. General Conditions (pages 1 to 42, inclusive). 8.4. Supplementary Conditions (pages SGC -1 to SGC -9, inclusive). 8.5. Specifications bearing the title Village of Tequesta Biological Monitoring Program, consisting of 4 technical divisions and 9 pages, as listed in table of contents thereof. 8.6. Addendum - N/A 8.7. CONTRACTOR•s Bid (pages P -1 to P -3, incluusive). 8.8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the • Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. -4- 99- 106bio There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. VILLAGE and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors,.assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS , • -5- 99- 106bio IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on s 1999. OWNER: CONTRACTOR: Village of Tequesta Toxikon Corporation B �vc�'� u" By Thomas G. Bradford 4Pam s C. Rinch Village Manager /Vi a President CO ORATE SEATjj * U Attest o Attu � Address for giving notices: Address for iving notices: P.O. Box 3273 106 Coastal Way Tequesta, FL 33469 -0273 Jupiter, FL 33477 (561)575 -6200 (561)575 -2477 DHRS No. 910150 * If Contractor is a corporation, attach evidence of Authority to sign. • -6- 99- 106bio